The origin and development of the moral ideasWestermarck, Edward
Philosophy
The origin and development of the moral ideas
Westermarck, Edward
Ethics; Ethics -- History; Prehistoric peoples
[Footnote 123: Garcilasso de la Vega, _First Part of the Royal
Commentaries of the Yncas_, i. 145, 151 _sq._]
[Footnote 124: Wells Williams, _Middle Kingdom_, i. 512.]
[Footnote 125: _Ta Tsing Leu Lee_, sec. ccclix. p. 397.]
[Footnote 126: _Ibid._ sec. ccliv. p. 269 n. [dagger]]
[Footnote 127: Reed, _Japan_, i. 323. Thunberg, _Travels_, iv. 65.]
[Footnote 128: _Exodus_, xxxi. 14.]
[Footnote 129: _Leviticus_, xx. 6.]
[Footnote 130: _Ibid._ vii. 25.]
[Footnote 131: _Ibid._ vii. 27.]
[Footnote 132: _Ibid._ xviii. 19.]
[Footnote 133: _Ibid._ xviii. 6 _sqq._]
[Footnote 134: _Laws of Manu_, ix. 232.]
[Footnote 135: _Ibid._ ix. 280.]
[Footnote 136: _Ibid._ ix. 270.]
[Footnote 137: _Ibid._ ix. 277.]
[Footnote 138: _Ibid._ viii. 371 _sq._]
Increasing severity has been a characteristic of European
legislation up to quite modern times. Towards the end of the
thirteenth century, the English law knows some seven crimes which it
treats as capital, namely, treason, homicide, arson, rape, robbery,
burglary, and grand larceny; but the number of capital offences grew
rapidly.[139] From the Restoration to the death of George III.--a
period of 160 years--no less than 187 such offences, wholly different
in character and degree, were added to the criminal code; and when, in
1837, the punishment of death was removed from about 200 crimes, it
was still left applicable to exactly the same offences as were capital
at the end of the thirteenth century.[140] Pocket-picking was
punishable with death until the year 1808;[141] horse-stealing,
cattle-stealing, {188} sheep-stealing, stealing from a dwelling-house,
and forgery, until 1832;[142] letter-stealing and sacrilege, until
1835;[143] rape, until 1841;[144] robbery with violence, arson of
dwelling-houses, and sodomy, until 1861.[145] And not only was human
life recklessly sacrificed, but the mode of execution was often
exceedingly cruel. In the beginning of the fifteenth century, the
_Peine forte et dure_, or pressing to death with every aggravation of
torture, was adopted as a manner of punishment suitable to cases where
the accused refused to plead.[146] Burning alive of female offenders
still occurred in England at the end of the eighteenth century,[147]
being considered by the framers of the law as a commutation of the
sentence of hanging required by decency.[148] Still more cruel was the
punishment inflicted on male traitors: they were first hanged by the
neck and cut down before life was extinct, their entrails were taken
out and burned before their face, then they were beheaded and
quartered, and the quarters were set up in diverse places.[149] This
punishment continued to exist in England as late as in the reign of
George III., and even then Sir Samuel Romilly, the great agitator
against its continuance, brought upon himself the odium of the law
officers of the Crown, who declared that he was "breaking down the
bulwarks of the Constitution."[150] Such cruelties were not peculiar
to the English.
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